Erie County wants you to pay incorrect property tax bill

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Photo credit WBEN Photo/Mike Baggerman

BUFFALO, N.Y. (WBEN) – Taxpayers in Erie County are being asked by members of the Poloncarz administration to pay their incorrect tax bills that were sent as a result of a technical error.

Because of an error related to county costs for residents attending community colleges in other counties, hundreds of thousands of property tax bills were sent out which cost taxpayers just a few dollars more than what it was supposed to be.

-The county had to pay ~$83,000 to fix the problem.-Taxpayers encouraged to pay the incorrect bill by Feb. 18. Refund check will be issued along with correct tax statement in March.-Administration didn’t want to talk about discipline for error but said there would be. https://t.co/86cQXef9z1

— Mike Baggerman (@MikeBaggerman) January 31, 2020

Specifically, the figure used to calculate the taxes reflected the actual chargeback amount that was given to the administration by the comptroller’s office in July instead of the adjusted amount that was adopted by the legislature in November.

The error resulted in a $4.4 million overcharge combined, something that was described as a “horrible mistake”.

County officials discovered the error last Friday and immediately contacted clerks in in municipalities where the bills had not been sent yet. Erie County then printed the correct tax bills for the towns that did receive the tax bills. The corrected tax statements, along with a refund, will be sent those county residents in March.

The county would have substantially gone over the 2 percent property tax cap if they did not refund the tax bills.

“It is important for taxpayers to pay their bill on time,” Deputy County Executive Maria Whyte said. “There is no extension of the deadline by which taxes are due.”

White said that the county could not extend the deadline because of the Erie County Tax Act, which passed in 1942. She said it takes a herculean effort to extend the deadline.

Municipalities that have more than 10,000 residents will receive tax bills that are too high. No one will receive a tax bill that is less than what is owed.  The Towns of Amherst ($1.1 million) and the City of Buffalo ($1.0 million) paid the most among all local governments.

Municipalities with less than 10,000 residents will not be affected by the change and can pay their taxes as normal.

Whyte said there will be discipline regarding the incident, but would not dive further into what would happen.

The most contentious part of the Poloncarz administration’s meeting with the Erie County Legislature came when Minority Leader Joe Lorigo pressed them regarding how the mistake happened in the first place.

“In the past, the prior director would ask for the adjusted figure to use based on what was adopted in the budget,” Nancy Snyder, acting Erie County Real Property Tax Director, said. “Unfortunately, that piece of knowledge left when (Joseph Maciejewski) resigned. I did not know that that number I receive would be adjusted and not be final. It was not communicated to our office that we should use this number.”

“I take much blame for this thing,” Robert Keating, Erie County Budget Director, said. “In the past, Joe would ask a series of questions over a month or so or a month and a half and I would answer his questions. Unfortunately, some of the questions Joe asked, Nancy did not ask. I do take blame for my role in this process.”

Lorigo said his biggest point of contention was the appointment of the real property tax director, Scott Bylewski, without the qualifications.

"(Bylewski) worked as the deputy budget director when this problem occurred," Lorigo said.  "The budget has admitted that it came from their office, yet, we are taking the deputy and heading him to direct one of the most important county departments there is for a six-year term."

Lorigo said Maciejewski cannot be blamed for this mistake and continued to press about who did not send the corrected numbers that were adopted by the legislature, which Keating said his office was to blame. He said he tried to confirm the incident with Bylewski and Snyder and passed concerns to the county executive’s team.

“This is a horrible mistake and I feel horrible about it,” Keating said. “It’s very costly and I am thoroughly embarrassed by it.”